JUDGMENT P.N. Bakshi, J. - The applicant has been convicted under section 7/16 of the Prevention of Food Adulteration Act and sentenced to 6 months' R.I., and a fine of Rs. 1000/-. In the event of default in payment of fine, he is to undergo further 1# months' R.I. His conviction and sentence has been maintained in appeal by the Sessions Judge, Rampur. Hence this revision. 2. I have heard learned counsel for the applicant and have also perused the impugned orders and the record of the case. A sample of milk was purchased by the Food Inspector from the applicant on 25th December, 76. It is the case of the prosecution that the milk was mixed Cow and Buffalo milk in the proportion of 1-8. The milk was divided in three portions in accordance with the procedure prescribed by law. One of the sample phials was sent for analysis to the Public Analyst, whose report disclosed that it was deficient in fat contents by 34 per cent and in non-fatty solids by 28 per cent judged from the standard of 1-8. After obtaining sanction the applicant has been prosecuted and convicted as above. 3. Both the courts below on a consideration of the evidence on the record and the circumstances of the case have held the guilt of the accused conclusively established. I do not find any illegality or perversity in the findings of fact recorded by them. Applicant's counsel has argued that there has been no compliance of Section 13(2) of the Act. This point has also been dealt with by the Sessions Judge. I am in agreement with the reasons given by him. The applicant has himself admitted in his statement the receipt of the report of the Public Analyst. There is no denial by him that the intimation was not sent to him, as such I do not find any force in this submission. 4. The next question argued was that the standard of mixed milk has not been Laid down. The evidence on the record as rightly mentioned in the impugned orders of the subordinate court, disclosed that the milk in question was a mixture of Cow and Buffalo milk in the proportion of 1-8. The standard for mixed milk has also been given. The sample has been judged in the proportion in which it is alleged to have been taken.
The standard for mixed milk has also been given. The sample has been judged in the proportion in which it is alleged to have been taken. It is found deficient in fat contents by 34 per cent and in non-fatty solids by 28 per cent. Learned counsel states that the process by which analysis has been arrived at has not been given in the report. I have carefully perused the report and it is in compliance of law. I have no reason to doubt the correctness of the report of the Public Analyst. 5. The adulteration in the instant case was rather heavy. The sentence which has been awarded to the applicant is 6 months' R.I., and a fine of Rs. 1000/-. There is no circumstance justifying and interference on this ground. 6. In the result this revision application is hereby dismissed. The applicant is on bail. He shall be taken into custody forthwith to serve out the unexpired portion of his sentence. Stay order granted by this court on 22nd April, 1980 is hereby vacated.